Akaroa TC 14 December 2014 – R 6
ID: JCA13576
Meet Title:
Akaroa TC - 14 December 2014
Meet Chair:
SChing
Meet Committee Member 1:
RMcKenzie
Race Date:
2014/12/14
Race Number:
R 6
Decision:
As Mrs Lethaby had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
Penalty:
Accordingly Mrs Lethaby’s license to drive was suspended from the conclusion of racing today, 14 December, up to and including 21 December 2014. This suspension encompasses the meetings at Forbury on 17 December, Addington on 19 December and Rangiora on 21 December 2014.
Facts:
Following the running of Race 6, the Burnside Contractors Ltd Pace, an Information was filed by Stipendiary Steward Mr S Renault against Open Horsewoman Mrs A Lethaby, alleging a breach of Rule 869(2)(a) in that she used her whip in an excessive manner on FRANCO HEPBURN in the home straight.
Rule 869(2)(a) reads as follows:
“(2) No horseman shall during any race:-
(a)-Use his whip in an unnecessary, excessive or improper manner.”
Mrs Lethaby had indicated on the Information that this breach of the Rules was admitted, and she also agreed that she understood the charge and the Rule it was brought under.
Mr Renault gave evidence and produced video replays, with the assistance of Stipendiary Steward, Mr J McLaughlin, which showed Mrs Lethaby driving FRANCO HEPBURN who was 3 back on the pylons turning for home. Mrs Lethaby drew the whip shortly after turning for home and used her whip continuously on 20 occasions over the concluding stages. He stated that most of the strikes were full strikes apart from 5-6 backhanders used. Mr Renault stated that the sheer number and the continuous use of the whip, without pauses, was why Mrs Lethaby was being charged.
Mrs Lethaby initially disputed the number of strikes but eventually agreed with the Committees observations of 19 to 20 strikes. She said that the trainer had driven the horse in an amateur race the week before and he had told her the horse was really lazy. His instructions to her were to get “stuck into the horse” as he was lazy. She also said that the horse was running on and looked like it was going to get 4th placing.
Submissions for Penalty:
Mr Renault submitted that Mrs Lethaby had a good record in regard to the rule and had admitted the breach at the first opportunity. He stated Mrs Lethaby had 73 drives last season and so far this season 20 drives. He also stated that Mrs Lethaby usually had 1 to 2 drives per meeting. Mr Renault submitted that a fine of $200 or a suspension of 3 days be considered as penalty in this case.
Mrs Lethaby submitted that she was not in a position to pay a fine and would prefer a suspension.
Reasons for Penalty:
In determining penalty we took into consideration as mitigation, Mrs Lethaby’s ready admission of the breach and her good record. The JCA Penalty Guide recommends a starting point of a $300 or 6 drives. The Committee were conscious of Mrs Lethaby’s ability to pay a fine and accepted her submission for a suspension in this case.
With Mrs Lethaby receiving 1 to 2 drives per meeting we were able to equate this to a starting point of 4 days suspension. We were able to give Mrs Lethaby a discount of 1 day for her good record and her admission of the breach. We therefore determined a 3 day suspension was an appropriate penalty in this case.
JCA Decision Fields (raw)
Dmitry: This section contains all JCA fields migrated from the raw data.
Data from these fields should be mapped appropriately to display amongst the standard fields above; please make note of any values below that are missing in the above standard fields but should be there.
hearingid: 489e32488829be221189986a38ba5ccf
informantnumber: A1844
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of the whip
plea: admitted
penaltyrequired: 1
decisiondate: 13/12/2014
hearing_title: Akaroa TC 14 December 2014 - R 6
charge:
facts:
Following the running of Race 6, the Burnside Contractors Ltd Pace, an Information was filed by Stipendiary Steward Mr S Renault against Open Horsewoman Mrs A Lethaby, alleging a breach of Rule 869(2)(a) in that she used her whip in an excessive manner on FRANCO HEPBURN in the home straight.
Rule 869(2)(a) reads as follows:
“(2) No horseman shall during any race:-
(a)-Use his whip in an unnecessary, excessive or improper manner.”
Mrs Lethaby had indicated on the Information that this breach of the Rules was admitted, and she also agreed that she understood the charge and the Rule it was brought under.
Mr Renault gave evidence and produced video replays, with the assistance of Stipendiary Steward, Mr J McLaughlin, which showed Mrs Lethaby driving FRANCO HEPBURN who was 3 back on the pylons turning for home. Mrs Lethaby drew the whip shortly after turning for home and used her whip continuously on 20 occasions over the concluding stages. He stated that most of the strikes were full strikes apart from 5-6 backhanders used. Mr Renault stated that the sheer number and the continuous use of the whip, without pauses, was why Mrs Lethaby was being charged.
Mrs Lethaby initially disputed the number of strikes but eventually agreed with the Committees observations of 19 to 20 strikes. She said that the trainer had driven the horse in an amateur race the week before and he had told her the horse was really lazy. His instructions to her were to get “stuck into the horse” as he was lazy. She also said that the horse was running on and looked like it was going to get 4th placing.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mrs Lethaby had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
sumissionsforpenalty:
Mr Renault submitted that Mrs Lethaby had a good record in regard to the rule and had admitted the breach at the first opportunity. He stated Mrs Lethaby had 73 drives last season and so far this season 20 drives. He also stated that Mrs Lethaby usually had 1 to 2 drives per meeting. Mr Renault submitted that a fine of $200 or a suspension of 3 days be considered as penalty in this case.
Mrs Lethaby submitted that she was not in a position to pay a fine and would prefer a suspension.
reasonsforpenalty:
In determining penalty we took into consideration as mitigation, Mrs Lethaby’s ready admission of the breach and her good record. The JCA Penalty Guide recommends a starting point of a $300 or 6 drives. The Committee were conscious of Mrs Lethaby’s ability to pay a fine and accepted her submission for a suspension in this case.
With Mrs Lethaby receiving 1 to 2 drives per meeting we were able to equate this to a starting point of 4 days suspension. We were able to give Mrs Lethaby a discount of 1 day for her good record and her admission of the breach. We therefore determined a 3 day suspension was an appropriate penalty in this case.
penalty:
Accordingly Mrs Lethaby’s license to drive was suspended from the conclusion of racing today, 14 December, up to and including 21 December 2014. This suspension encompasses the meetings at Forbury on 17 December, Addington on 19 December and Rangiora on 21 December 2014.
hearing_type: Hearing
Rules: 869(2)(a)
Informant: Mr S Renault - Stipendiary Steward
JockeysandTrainer: Mrs A Lethaby - Licensed Open Horsewoman
Otherperson: Mr J McLaughlin - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: ccdbd03cf046ab07380afdb9681df9de
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 6
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 9e7e0be9024525b4437cb548a549fd34
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 14/12/2014
meet_title: Akaroa TC - 14 December 2014
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: akaroa-tc
meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: RMcKenzie
meet_pm2: none
name: Akaroa TC